2017 | Febrero 7
As courts repeatedly have emphasized, arbitration agreements are contracts. That means we have to consider the law of mutual assent in determining whether the parties entered into a binding arbitration agreement and whether a countersignature is required.
In Pittsburgh Logistics Systems v. B. Keppel Trucking, No. 1943 WDA 2015. 2016 Pa. Super. Unpub. LEXIS 4513 (Pa. Super. Dec. 13, 2016), for instance, the Pennsylvania Superior Court enforced an arbitration agreement, even though one party had not signed the agreement, because “the absence of signatures is not fatal unless required by the law or by the intent of the parties.” (See also THI of Pennsylvania at Mountainview v. McLaughlin, 2015 U.S. Dist. LEXIS 59557, at *8 (W.D. Pa. May 6, 2015) (“Under applicable Pennsylvania law, signatures are not required for a binding contract unless such signing is expressly required by law or by the intent of the parties. Rather, where signatures are absent, a party can manifest assent through written or spoken words, or through conduct.”).)